Terms & Conditions

What Parts of These Terms Apply to Me?

This agreement governs your use of the Quicko Payments mobile applications that facilitate communications  available on the Apple iOS Store and the Google Play Store (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Quicko Payments Pty Ltd, the Company, we or us). 

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Merchants), which sets out additional terms that apply to Merchants, being registered businesses who offer goods and services to registered customers via point-of-sale purchase; and
• Part C (Customers), which sets out additional terms that apply to Customers, being registered individuals who purchase goods and services from registered businesses via point-of-sale purchase.

If you use the Platform as a Merchant, Part A and Part B of these terms will apply to you.

If you use the Platform as a Customer, Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our services associated with opening an account on the Platform and using the functionality of the Platform to allow communications between Merchants, Customers and the third party payment facilitator we are using for our business (Payment Facilitator). Our Services do not include entering into the position of any funds at any time, initiating, making any transfer between a payer and a payee, acting as a remittance dealer of any kind, accepting payment instructions as an ordering institution, making money or property available, arranging for money to be made available under a designated remittance arrangement, operating a remittance network, providing any designated services through a platform in the manner contemplated by the relevant provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), or doing anything other than performing a limited supporting role that provides some information that the Payment Facilitator uses to perform their function.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Part A – All Users

1. Eligibility

1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

1. 1. • over the age of 18 years and accessing the Platform for personal use; or
      • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. Accounts

1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
2. As part of the Account registration process and as part of your continued use of the Platform, you are required and/or permitted to provide personal information and details, which may include your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
3. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
4. You may register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to the information set out in clause 2(b).
5. Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
6. The Company reserves the right to contact you about any concerning activity by you, or to seek a resolution with you.
7. The Company may, in its absolute discretion, not provide you with an account or suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. User Obligations

As a User, you agree:

• to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
• to not use the Platform for any purpose other than for the purpose of using the Services, and you agree not to use the Platform:
  • in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including buyer or selling goods or services which include illegal activities or purposes) or are reasonably likely to involve any of the foregoing; and
  • with respect to any activity regulated by a government authority or any activity that is reasonably likely to be so regulated; and
  • in connection with any endeavours except those specifically set out in this agreement, or as approved in writing by the Company;
• not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
• not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
• that the Company may change any features of the Platform or Services offered through the Platform, or cease offering the Platform, at any time without notice to you;
• that all information given to you through the Platform, by the Company or another User including a Merchant, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

4. Provided Materials

4.1 Warranties

By providing or posting any information, materials or other content via the Platform (Provided Material), you represent and warrant that:

• you are authorised to provide the Provided Material;
• the Provided Material is accurate and true at the time it is provided;
• you are not breaching or infringing any applicable laws.

4.2 Licence

• You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Provided Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Provided Material.
• You agree that you are responsible for keeping and maintaining records of Provided Material.

5. Service Interruptions

for whatever reason, including technical faults, the Services cannot be offered through the Platform or cannot be performed or completed, and you will not be entitled to any compensation from the Company.

6. Identity Verification

• We may offer or require Users to verify their details using our internal processes and/or an external identity verification service as applicable (Verification Service), for example:
  • we may by verify your email and mobile number through a one-time password verification procedure; and
  • Your bank may verify your bank account details through the PayTo agreement authorization process, without any input or action by us.
• We will collect your personal information in accordance with our Privacy Policy as set out in clause 15. Where a Verification Service is used, you acknowledge and agree that:
  • we may contact and share your information including personal information with a Verification Service to verify your details;
  • you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
• You acknowledge and agree that:
  • we are reliant on the information provided by you and the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate; and
  • we do not endorse any User or Verification Service.

7. Payment Facilitation Partner

• A third-party online payment facilitation partner, who acts as our Payment Facilitator will collect all payments outside the Platform, including for our Services.
• The processing of payments by the Payment Facilitator is outside our control and will, in addition to the terms of this agreement, be subject to the terms, conditions and privacy policies of the Payment Facilitator. Please contact us for a copy of these terms.
• You acknowledge that that the Company will never receive or be in control of any money to be sent or received by you:
  • We will only interact with the Payment Facilitator through an API integration;
  • Customers will initiate a PayTo agreement to be created through the Payment Facilitator’s Payment Access Gateway, arranged by the Payment Facilitator and stored in the New Payment Platform Australia’s (NPP) Mandate Management Service infrastructure, not controlled by us;
  • the Payment Facilitator functions as the registered NPP Participant and independent remittance dealer, operating independently of us. The Payment Facilitator will create all of the Customer wallets/accounts within its infrastructure and Merchant wallets/accounts within its infrastructure;
  • the Customer will enter into a PayTo agreement with us. Importantly, please note that each Customer will have the option to cancel or revoke that PayTo agreement at any time should they wish to;
  • the Payment Facilitator will confirm the NPP participation status of all Customers and Merchants;
  • Customer’s bank will receive notification about the new PayTo agreement, prompt Customers to authorize the PayTo agreement creation and create a confirmation back to NPP’s Mandate Management Service infrastructure;
  • fund flows occur from Customer banks through the NPP to wallets/accounts created for Merchants, within the Payment Facilitator’s infrastructure, where payments are accumulated until settlement to Merchant’s bank accounts. We are bypassed entirely in the fund flow process; and
  • We cannot alter, reverse, or independently process authorized payment instructions. However, we will have the ability to assist Customers to have refunds processed, only after the applicable Merchant has initiated the refunds. We have no ability to initiate any refunds.
• Therefore, before sending any money or agreeing to receive any money in exchange for goods or services, you should ensure that you are satisfied with and affirm the transaction and the above steps for all purposes.
• You agree to release the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Payment Facilitator , including any issue with security or performance of the Payment Facilitator or any error or mistake in processing your payment.

8. Service Limitations

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

• • the Platform may have errors or defects (or both, as the case may be);
  • the Platform may not be accessible at times;
  • any communications sent through the Platform may not be delivered promptly, or delivered at all;
  • any information you receive or supply through the Platform may not be secure or confidential; and
  • any information provided through the Platform may not be accurate or true.

9. Intellectual Property

• The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
• In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. Third-Party Content

• The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. Disputes Between Users

• You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
• If the complaint does not relate to another User, you must report it to the Company via info@quicko.com.au. We will assess the complaint and attempt to assist you.
• Any costs you incur in relation to any complaint or dispute will be your responsibility.
• The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute and must be paid by the User in advance if requested by the Company.
• The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
• If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
• Notwithstanding any other provision of this clause 11, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

12. Security

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13. Disclaimer and Limitation of Liability

• The Services assist Customers to use the Payment Facilitator to make payments to Merchants. The Company simply collects a service fee in consideration for providing this assistance and does not have any obligations or liabilities to, and is not a party to any contract between, Customers, the Payment Facilitator and/or any Merchants in relation to such payments or otherwise resulting from such assistance.
• (Limitation of Liability) To the maximum extent permitted by law and subject to clause 13(c), the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount actually received by the Company through the Platform from the applicable User in the 3 months preceding the date of the event giving rise to the relevant liability.
• Clause 13(b) does not apply to your liability in respect of loss or damage sustained by the Company arising from your breach of:
  • breach of third party intellectual property rights;
  • breach of confidentiality; or
  • any other material terms of this agreement applying to you.
• (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
• (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
• (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
  • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14. Confidentiality

You agree that:

• no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
• all communications on the Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

15. Privacy

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here Privacy Policy.

16. Collection Notice

• We collect personal information about you in order to to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
• Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17. Notice Regarding Apple

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

• this agreement is between you and the Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
• Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
• in the event of any failure of the Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Company’s responsibility;
• Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
  • product liability claims;
  • any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation;
• in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
• that you represent and warrant that:
  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
• you must comply with applicable third party terms of this agreement when using the Services; and
• Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

18. Termination

• Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
• If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
• In the event that a User’s Account is terminated:
  • the User’s access to the Platform will be revoked; and
  • the User will be unable to view any details though the Platform.

19. Tax

You are responsible for the collection and remission of all taxes associated with the payments you make or receive using the Payment Facilitator, and the Company will not be held accountable in relation to any transactions between Customers and Merchants where tax related misconduct has occurred.

20. Record / Audit

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

21. Notices

• A notice or other communication to a party under this agreement must be:
  • in writing and in English; and
  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
• Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  • when replied to by the other party,

whichever is earlier.

22. General

• GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

• COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

• ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

• INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B – Merchants

1. Information and Eligibility

You must provide all information requested through the app and meet all eligibility requirements in this agreement and as notified to you via email and/or the Platform including any know-your-client checks that we perform as part of our onboarding process.

2. Fees

• Using the Platform is free, however we reserve the right to update our business model to charge Merchants fees in future.
• If we are seeking to charge you a fee in circumstances in which you were not previously charged a fee, we will give you advance notice and an opportunity to cease using the Platform before the fee begins applying.

3. Refunds

• The Platform is intended to provide you with functionality to permit certain refund transactions.
• You must ensure that your refund policy in relation to you or customers cancelling any transaction is in compliance with all applicable laws, such as the Australian Consumer Law.
• If you decide to use or attempt to use any refund functionality and/or action a refund request, you acknowledge and agree that:
  • you take full responsibility for each step undertaken and the result of such refund; and
  • we have no responsibility whatsoever and you fully release and indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any refund transaction or similar transaction.

4. Binding Contracts with Customers

You agree that the contractual relationship between you and your customers is separate from and does not include the Company as a party for any purposes.

5. Warranties

By joining the Platform and using its functionality, you represent and warrant that:

• you are able to fulfil the requirements of the services specified in the your contracts with your customers;
• you will provide goods and services to each customer:
  • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
  • in compliance with all applicable laws; and
• any individuals involved in your performance of services to any customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C – Customers

1. Fees

• Using the Platform is free, however we reserve the right to update our business model to charge Customers fees in future.
• If we are seeking to charge you a fee in circumstances in which you were not previously charged a fee, we will give you advance notice and an opportunity to cease using the Platform before the fee begins applying.

2. Cancellations

• Company is not
• The Company will have no liability or obligation to you if the Merchant cancels your transaction with them.
• If you wish to cancel a transaction, you must do so with the Merchant. The Company cannot cancel a transaction for you.

3. Linked Businesses

You acknowledge and agree that:

• the Platform may in the future provide links and introductions to certain good and services providers owned and operated by third parties that are not under the control of the Company;
• the provision by the Company of introductions to service providers does not imply any endorsement or recommendation by the Company of any service provider; and
• any terms and conditions between you and any service provider constitute a contract between you and the service provider and do not involve the Company in any way.

4. Binding Contracts with Merchants

You agree that the contractual relationship between you and any Merchant from whom you acquire goods and/or services is separate from and does not include the Company as a party for any purposes.